Electricity Regulatory Commissions Act, 1998
3. Establishment and incorporation of Central commission
(1) The Central Government shall, within three months from the
date of the commencement of this Act by notification in the Official Gazette,
establish a body to be known as the Central Electricity Regulatory Commission
to exercise the powers conferred on, and the functions assigned to, it under
this Act.
(2) The Central Commission shall be a body corporate by the name
aforesaid, having perpetual succession and a common seal with power to acquire,
hold and dispose of property, both movable and immovable, and to contract and
shall, by the said name, sue or be sued.
(3) The head office of the Central Commission shall be at such
place as the Central Government may, by notification in the Official Gazette,
specify.
(4) The Central Commission shall consist of the following
Members, namely:-
(a) a Chairperson and three other Members;
(b) the Chairman of the Central Electricity
Authority appointed under sub-section (3) of section 3 of the Electricity
(Supply) Act, 1948, who shall be the Member, ex officio.
(5) The Chairperson and the other Members of the Central
Commission shall be appointed by the Central Government on the recommendation
(of the Selection Committee referred to in section 5:
Provided that nothing contained in this sub-section
shall apply to the appointment of a person as the Chairperson, where such
person is or has been a Judge of the Supreme Court or the Chief Justice of a
High Court.